Parsuram Mishra vs Rajashree Swain
2023 Latest Caselaw 14509 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                MATA No. 221 of 2023


            Parsuram Mishra                        ....               Appellant


                                        Mr. Bijaya Kumar Parida, Advocate

                                        -versus-

            Rajashree Swain                        ....          Respondent




                     CORAM:
                                JUSTICE ARINDAM SINHA
                                JUSTICE R.K. PATTANAIK
                                          ORDER

13.11.2023 I.A. no.232 of 2023 Order No.

01. 1. Mr. Parida, learned advocate appears on behalf of applicant/appellant-husband. He submits, his client was prevented due to illness from presenting himself to be cross-examined. In essence, impugned judgment dated 26th November, 2022 made by the family Court is an ex-parte judgment. There was declaration of the marriage being null and void. This inspite of his client's civil proceeding for restitution of conjugal rights pending in the same Court.

2. The appeal has been filed on reported delay of 135 days. Mr. Parida submits, there is application for condonation.

// 2 //

3. Issue notice along with this order on the application and the

appeal by registered/speed post with AD. Accept one set of process

fee. Applicant will put in requisites.

4. List on 4th December, 2023. Prayer for stay of operation of

impugned judgment will be considered on adjourned date pursuant to

dealing with the delay application.

(Arindam Sinha) Judge

(R.K. Pattanaik) Judge

Sks

Signature Not Verified Digitally Signed Signed by: SISIR KUMAR SETHI Designation: PERSONAL ASSISTANT Reason: Authentication Location: ORISSA HIGH COURT Date: 13-Nov-2023 18:42:48